Navigating Inheritance for Muslim Expats in the UAE
Recent legal developments in Abu Dhabi—most notably the enactment of Abu Dhabi Law No. 14 of 2021, as amended by Law No. 15 of 2021—have created new opportunities for estate planning within the United Arab Emirates. While the legislation is primarily intended for non-Muslim residents, in practice, the Abu Dhabi Civil Family Court has on a discretionary basis, permitted some Muslim expatriates from non-GCC countries to register wills under this civil law framework.
The fundamental distinction between a Sharia-compliant will and a will registered with the Abu Dhabi Civil Family Court lies in the governing legal regime and the degree of testamentary freedom afforded to the testator. A Sharia-compliant will is subject to Islamic inheritance rules, which mandate a fixed heirship system. Under this framework, most of the estate is distributed among specific heirs—such as spouses, children, and parents—according to predetermined shares, with only one-third available for discretionary bequests. By contrast, a will registered with the Abu Dhabi Civil Family Court is governed by civil law principles, which allow eligible individuals to distribute their UAE-based assets entirely according to their personal wishes.
Legal Framework: Abu Dhabi Law No. 14/2021 and Its Implications
Abu Dhabi Law No. 14 of 2021, as amended by Law No. 15 of 2021, established a comprehensive legal framework for civil marriage, divorce, child custody, inheritance, and wills, primarily targeting non-Muslim foreigners and nationals. The law introduced the concept of a "Will" as a formal declaration by an individual regarding the disposition of their assets upon death, in accordance with the provisions of the law.
Definitions and Scope: Who Can Register a Will?
Under the ADJD's current implementation of Law No. 14 of 2021, the following definitions and eligibility criteria are relevant:
- Will: A declaration made by any person governed by the provisions of the law, indicating their willingness to dispose of their assets, wholly or partially, after death, in accordance with the law.
- Persons Covered by the Law: The law explicitly applies to non-Muslim citizens and foreigners. However, the ADJD's evolving practice has, extended will registration services to some Muslim expats.
- Registration and Estate: Wills must be registered with the ADJD, and the estate should be situated in the UAE.
Content and Format: The Will Registration Process
The ADJD provides a standardized, bilingual (Arabic and English) template for will registration, ensuring clarity and legal validity. The process and content requirements are as follows:
- Application Form: The applicant must complete a detailed form, providing personal information and details of the intended distribution plan. The form is available in both Arabic and English.
- Declaration of Intent: The will must clearly state the testator's intention to distribute their assets according to their wishes, overriding any previous wills made in the UAE.
- Appointment of Executors and Guardians: The will allows for the appointment of executors to manage the estate and guardians for minor children, if applicable.
- Distribution of Assets: The will should specify the beneficiaries and the proportions or specific assets each is to receive.
- Registration and Attestation: The will must be registered with the ADJD, which maintains a dedicated register for such documents. The will is attested by an authorized officer, and a registration number is issued.
A New Era in Estate Planning
The introduction of Abu Dhabi Law No. 14 of 2021, together with the ADJD's evolving approach, has significantly expanded the estate planning landscape by offering greater autonomy and flexibility to eligible individuals. Expatriates considering this option are strongly encouraged to seek qualified legal counsel before proceeding, as eligibility and approval remain subject to the discretion of the competent authority.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
